[Congressional Record Volume 171, Number 62 (Monday, April 7, 2025)]
[Senate]
[Pages S2449-S2450]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE KETANJI BROWN JACKSON
Mr. DURBIN. Mr. President, 3 years ago today, this Capitol served as
the background for one of the most notable events in recent American
history. On April 7, 2022, our country made a monumental stride
forward. The Senate confirmed a once-in-a-generation legal talent, a
jurist with outstanding credentials and invaluable lived experience,
and the first-ever Black woman and former public defender to serve as a
Justice of the Supreme Court: Judge Ketanji Brown Jackson.
Justice Jackson's confirmation shattered the glass ceiling and paved
the way for future women of color to follow in her footsteps. Her name
will be remembered in history for generations to come.
When the Supreme Court first met in the Capitol Building in February
of 1801, there were a million slaves in this Nation of 5 million
people--a million slaves in a nation of 5 million people. This very
building itself was built with the labor of enslaved people. At the
time, neither Black Americans nor women had the right to vote.
America's battle to end slavery continued through the Civil War and was
followed by decades of efforts to break down lingering racial barriers.
Those efforts continue to this day.
And our struggle to enfranchise and empower women did not end with
the
[[Page S2450]]
passage of the 19th Amendment. It continues to this day, as we strive
to give our daughters the same opportunities as our sons.
The confirmation of Justice Ketanji Brown Jackson to the Supreme
Court honored the history that came before it. It honored the struggles
of the past and the men and women who fought for a future where skin
color and gender are no longer a barrier to full participation in
American society, voting, or seeking the highest positions in our
government.
America's history is defined by our enduring effort to bridge the gap
between that ideal and our slow march toward progress. But with each
generation, we edge closer to making that ideal a reality. In 1965, we
ensured that the Federal Government could rigorously protect the right
to vote--a right that protects all other rights, for that matter--with
the passage of the Voting Rights Act.
Two years later, after passing that civil rights bill, we confirmed
the first Black American to ever serve on the Supreme Court, Justice
Thurgood Marshall. And more than 50 years later--50 years--we took
another step forward by confirming Justice Jackson, the first Black
woman to serve on the Court.
I want to give credit where it is due. This was the initiative of
President Joe Biden, who made it clear when he was elected President
this was his highest priority when it came to the Supreme Court.
President Biden kept his word.
With Justice Jackson's confirmation to the highest Court in the land,
we not only made history, but we also carried on the great American
tradition, elevating our Nation's best and brightest legal minds to a
sacred position of service, a seat she now occupies for life. There is
no one more deserving of this high honor and profound responsibility
than Justice Jackson. She is one of the best.
She has devoted her life to serving our country, and she has done so
at every level of the Federal Judiciary. At every turn, she has upheld
the Constitution and faithfully followed the rule of law. She is
impartial, thoughtful, and even-handed, evaluating every case from, in
her words, a ``neutral posture.''
Since her confirmation, Justice Jackson made her mark on the Court,
establishing her status as a sharp and inquisitive questioner of the
parties before her. And whether she authors majority opinions or
dissents, she always demonstrates a brilliant legal mind.
Just a year into her tenure on the Court, Justice Jackson's first
major opinion reaffirmed that Medicaid patients unlawfully denied care
or abused by healthcare providers can sue under section 1983. Section
1983 is a law enacted following the Civil War, as part of the Ku Klux
Klan Act, which allows lawsuits by individuals whose civil rights have
been violated. It is a powerful tool for Americans to seek
accountability from local, State, and Federal Government officials. At
a time when President Trump and unelected ``co-President'' Elon Musk
have vowed to cut Medicaid, it is more crucial than ever that we give
those who need this program the legal recourse they need if they are
denied care or otherwise abused by a provider.
In instances where Justice Jackson has dissented from the majority,
she makes a clear case for why she reached that conclusion. Nearly 2
years ago, the Supreme Court ended the use of affirmative action in
college and university admissions. Justice Jackson issued a strong
compelling dissent, and she wrote:
[D]eeming race irrelevant in law does not make it so in
life.
She continued:
And having so detached itself from this country's actual
past and present experiences, the Court has now been lured
into interfering with the crucial work that . . .
institutions of higher learning are doing to solve America's
real-world problems.
Mr. President, it is one of the great honors of my life to preside
over the confirmation hearing of Justice Jackson during my time as
chair of the Senate Judiciary Committee. Justice Jackson's story is one
of breaking barriers and paving the way for future women of color to
follow in her footsteps.
At a time when the President and his administration are challenging
the rule of law in our country as never before, Justice Jackson's
presence on the highest Court in the land could not be more important.
I am incredibly proud of all she has accomplished so far during her
time on the Supreme Court. I know that Justice Jackson will continue to
honor all those who came before her and sat on the bench.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant executive clerk proceeded to call the roll.
Mr. SCHUMER. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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